Hearing examiner leans toward approval of Timberland Lumber rezoning after debate over environment and jobs
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Summary
Petitioner Timberland Lumber sought rezoning (2025ZON102) to permit a distribution facility; staff recommended denial over floodplain and comp‑plan mismatch, while petitioner offered site commitments and cited jobs and a $9 million investment; the hearing examiner indicated comfort with approval subject to commitments.
Timberland Lumber’s request to rezone roughly 13 acres at 2802 Merchants Drive and 2802 Lafayette Road from C4 to C7 (2025ZON102) drew a prolonged hearing on Nov. 13, 2025. The petitioner argued the isolated site and proposed site plan make the parcel suitable for a distribution operation; staff recommended denial citing environmental concerns and inconsistency with the comprehensive plan’s community commercial recommendation.
David Gilman, representing the petitioner, framed the proposal as a distribution facility that would include three buildings, a dry detention system, screening and a six‑foot vinyl fence. He said the project would create jobs and local investment: "There'll be 45 full time jobs... There'll be about a $9,000,000 investment," Gilman said.
City staff raised environmental and land‑use objections, noting the site borders the Lisonbee Eagle Creek Stream, floodplain/floodway, and forested areas. "For the reasons of the environmental concern and the fact that it doesn't align with the comprehensive plan, staff is recommending a denial of the request," staff said.
Petitioners offered commitments in response: a prohibited‑use list (excluding nightclubs, adult entertainment, truck stop, billboards, pawn shops, etc.), hours of operation (suggested 6 a.m.–6 p.m. Monday–Friday and limited Saturday hours), and adherence to the submitted site plan and drainage mitigation. Timberland's owner, Brad Emmert, described the use as primarily distribution and downplayed on‑site manufacturing.
The hearing examiner acknowledged staff concerns but cited the site's seclusion, petitioner commitments, letters of support from neighborhood association and local councilors, and Timberland’s existing operations in the area in explaining greater comfort with approval. The examiner said the commitments and the site plan helped address his concerns and indicated a recommendation in favor of 2025ZON102.
Staff and environmental concerns remain on the record; final action will be taken by the Metropolitan Development Commission on its docket date.
